Fostoria Couple Receives Justice, Prefers Former Life

As reported by the Fostoria Review Times in Ohio, Jack and Sherry Reinhart, both in their mid-sixties, were awarded nearly $4 million due to the negligence of a Toledo doctor that has left Sherry wheelchair bound for life.

The medical malpractice award, however, doesn't help them to regain their former activities - such as cycling, walking, swimming or even hands-on playing with their grandchildren.  Sherry Reinhart said, "What happened brought all of that to a halt."

The tragedy, that began two years ago, ended with a Lucas County Common Pleas Court jury decision to award the couple $3,926,200.

Chad Tuschman and Peter DeClark represented the Reinharts in the suit against The Toledo Hospital, The Toledo Clinic and Dr. Purvi Saraiya.  The details of the settlement made by The Toledo Hospital before the trial - and a caveat of the settlement - cannot be disclosed.

In May of 2008 Sherry was admitted to the hospital for a month as she was having some neurological issues. Saraiya ordered a lumbar puncture for her on May 30, 2008.

Before the puncture procedure took place a blood test proved that Sherry had an International Normalized Ratio, INR, of 1.6. Having an INR that high makes it risky to introduce a needle into the body due to the blood taking longer to clot. 

Saraiya testified that her own standard of care is not to introduce a needle on anyone with a level 1.2 or greater - Sherry had 1.6 - and she still chose to do the procedure.

There were no less than 15 failed attempts, per the nursing records, of the lumbar punctures by Saraiya. Tuschman said, "Dr. Saraiya only got blood, no cerebral spinal fluid."

Saraiya then ordered x-rays to determine exactly where the needle was in the spinal cord, but the physician doing the procedure only saw blood up and down the spine. 

Saraiya didn't see her patient for several days after that while Sherry was beginning to lose sensation in her lower extremities.

A CT scan was ordered but proved fruitless in locating blood in the spine, and, by June 2, Sherry lost all feeling from the waist down. On June 4, an MRI was ordered but only confirmed the obvious.  A surgery the day after that was also useless in restoring feeling to Sherry's legs.  Her paralysis is permanent.

Jack Reinhart told the jury, "If the doctor could reverse this, I would give every penny of this money back if I could have my wife back as she was. Money means nothing."

Tuschman contended that a very simple correction - that was never done - led to Sherry's permanent damage. He said, "The family didn't know what happened until they got the records later on."

Jack said that it was health care personnel that encouraged him to look deeper into the cause for what happened to his wife, and that's when he learned that there was more going on then he was originally led to believe.

The couple will use the monetary award to build a wheelchair ramp, widening their doors and elevating furniture. 

Eight of the jurors hugged the Reinharts once the verdict was given.  For Sherry, their support, along with that of her family, has helped her cope.

If you, or someone you hold dear, has fallen prey to a physician's mistake, contact a medical malpractice attorney to help you!